Judge upholds $23M award in Calif. bed sore death

SACRAMENTO, Calif.  A Sacramento judge has upheld a $23 million jury award in the death of an elderly woman suffering from bed sores at a Northern California assisted living facility and added $4 million in legal costs and fees to the judgment, a newspaper reported.

Judge Judy Holzer Hersher said on Monday that Emeritus senior living corporation was guilty of a "high degree of reprehensibility" in the care it provided Joan Boice, the Sacramento Bee reported (http://bit.ly/17Fk9B9).

Boice, an Alzheimer's patient, suffered bed sores when she stayed at the company's assisted living facility in Auburn five years ago. She died at the age of 82 a few months after she moved out.

Her death certificate said pressure ulcers were a substantial factor in her death, the Bee reported.

The jury awarded the money to Boice's family earlier this year after returning verdicts of wrongful death and elder abuse against Seattle-based Emeritus in a lawsuit brought by the family.

Emeritus spokeswoman Karen Lucas said the company would appeal.

"We believe that the verdict was tainted by the admission of improper testimony and evidence and does not reflect the care that we provided Ms. Joan Boice," Lucas said. "We are proud of the high quality of care that Emeritus employees passionately provide to our 41,000 residents nationwide."

Emeritus is among the largest assisted living companies in the nation and reported revenue of more than $1 billion last year.

Its lawyers said the $23 million verdict went far beyond formulas for punitive damages in established case law and called on a reduction or new trial.

Judge Hersher said Emeritus management was aware of a lack of training and appropriate staffing levels in the memory care unit and accepted patients like Boice even though it did not have the resources to care for them.